Document jmvBE44y5mE9va24od1qoXda5

RULES AND REGULATIONS Title 29--LABOR Chapter XVII--Occupational Safely and Health Administration, Depart ment of Labor PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard for Exposure to Asbestos Dust On December 7, 1971, an emergency temporary standard concerning exposure to asbestos fibers was published in the Federal Register (38 F.R. 23207). In ac cordance with section 6(c) (3) of the Williams-Stelger Occuptaional Safety and Health Act of 1970, a notice of proposed rulemaking regarding a permanent standard for exposure to asbestos fibers was published in the Federal Register on January 12, 1972 (37 F.R. 466). The no tice invited interested persons to submit both orally and in writing, data, views, and arguments concerning the proposal. On or about January 24, 1972, the Ad visory Committee on Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1. 1972, the Department of Health. Education, and Welfare trans mitted to the Secretary of Labor a cri teria document containing Recommenda tions for an Occupational Exposure Standard for Asbestos by the National Institute for Occupational Safety and Health (NIOSH). Public notice was given of the receipt of the recommendations and their availability for inspection and copying. On or about February 25, 1972, the Advisory Committee on Asbestos Dust submitted its written recommendations to the Assistant Secretary of Labor for Occupational Safety and Health. Pursuant to the notice of rule making, a hearing was held on March 14 through 17,1972, for the purpose of receiving oral data, views, and arguments concerning the proposed standard. On or about March 31,1972, the presiding hearing ex aminer certified to the Assistant Secre tary of Labor for Occupational Safety and Health the record of the proceeding. The record includes prehearing written comments, a transcript of the oral pres entations made at the hearing, and nu merous exhibits received during the course of the hearing or within the pe riod allowed after the close of the hearing. The proposed standard dealt with (1) permissible concentrations of asbestos fibers; (2) methods of compliance; (3) warning signs; (4) monitoring; (5) med ical examinations; and (6) recordkeep ing. Each of these major proposals elic ited comments, arguments, objections, and counterproposals. They all have been examined and considered. 1. Acceptable concentrations of asbes tos dust. The proposed standard would limit occupational exposure to 8-hour time-weighted average (TWA) airborne concentrations of asbestos dust not ex ceeding five fibers longer than five micrometers per milliliter. Concentra tions above five fibers but not to exceed 10 fibers (ceiling concentration) would be permitted up to 15 minutes in an hour, but for not more than 5 hours in any one 8-hour day. NIOSH in effect has recommended that the five-fiber TWA and 10-fiber peak concentrations be permitted only for 2 years; thereafter, TWA concentra tions should be not more than 2 fibers per cubic centimeter (cm.5) of air, and peak concentrations should not exceed 10 fibers/cm.', with no time restriction. Numerous objections and counterpro posals have been made, v.ith regard to both the limits of asbestos fiber concen trations and the time periods to comply with them. Some, for example, have rec ommended return to a 12-flber standard of an earlier day; i.e., a level adopted under the Walsh-Healey Public Con tracts Act in 1969. Others have recom mended a two-fiber standard to become effective in 6 months, then a one-fiber standard for 2 years, and finally a zerofiber standard after 3 years. These rec ommendations give a fair indication of the wide spread of the counterproposals. No one has disputed that exposure to asbestos of high enough intensity and long enough duration is causally related to asbestosis and cancers. The dispute is as to the determination of a specific level below which exposure is safe. Various studies attempting to establish quantita tive relations between specific levels of exposure to asbestos fibers and the ap pearance of adverse biological manifes tations, such as asbestosis, lung cancers, and mesothelioma, have given' rise to controversy as to the validity of the measuring techniques used and the relia bility of the relations attempted to be established. Because of the long lapse of time between onset of exposure and biological manifestations, we have now evidence of the consequences of exposure, but we do not have, in general, accurate measures of the levets of exposure oc curring 20 or 30 years ago, which have given rise to these consequences. There are also controversies concerning the relative toxicity of the various kinds of asbestos, end varying hazards In dif ferent workplaces. It is fair to say that the controversy has centered in the area between a twofiber TWA concentration and five-fiber TWA concentration, with variations on the time needed for compliance. Many employers support a five-fiber TWA. Most medical opinion is divided between a two-fiber standard and a five-fiber standard. In view of the undisputed grave con sequences from exposure to asbestos fibers. It is essential that the exposure be regulated now, on the basis of the best evidence available now, even though it may not be as good as scientifically de sirable. An asbestos standard can be re evaluated in the light of the results of ongoing studies, and future studies, but cannot wait for them. Lives of employees are at stake. It Is concluded that there should be one minimum standard of exposure to asbestos applicable to all workplaces ex posed to any kind, or mixture of kinds, of asbestos. Reasons of practical ad-ministration preclude a variety of stand ards for different kinds of asbestos and of workplaces. Also, while the evidence tends to show that erocidolite, for in stance. is more harmful than chrysotile, the evidence is not sufficient to establish separate standards for varieties of asbestos. Because there must be one standard governing exposure to all varieties of asbestos, and in workplaces apparently more hazardous than others; because some present employees with regular ex posure to asbestos have probably al ready accumulated great doses of asbes tos fibers, due to higher levels of ex posure in the past; because it appears that levels of exposure which may be safe with regard to asbestosis are not safe with regard to mesothelioma; be cause the statute requires the protection of every employee, even of one who may have regular exposure to asbestos during a working life which may reach, or even exceed, 40 years; and because of several other considerations which have been urged and are reflected In the record of the proceeding, the conflict in the medi cal evidence is resolved in favor of the health of employees. As of July I, 1976, TWA concentrations of asbestos fibers longer than 5 micrometers will not be allowed to exceed two fibers/cc.-with a ceiling value of 10 Hbcrs/cc. The current TWA concentrations of five fibers, and FEOERAl REGIS! EA, VOL. 37. NO. 110--WEDNESDAY, JUNE 7, 1972 UCC 025584 0236 '. 3 11320 RULES AND REGULATIONS 1910.93 Air contaminants* to which any employee may be exposed (d) Personal protective equipment-- a shall not exceed two fibers, longer than (I) Compliance with the exposure limits Tabu (W-Mofiux Dvsn 5 micrometers, per cubic centimeter of prescribed by paragraph <b) of this sec air, as determined by the method pre tion may not be achieved by the use of Rubstar.es Mppel U|/Mi scribed in paragraph <e) of this section. respirators or shift rotation of em (3) Ceiling concentration. No em ployees, except; Silica: ployee shall be exposed at any time to (1) During the time period necessary Cry&*3lUn* Qu-TjU (rfspirftblr).. Quartz (total dust). Cn'stnbali'tn Uss % ths value calculated tram the count or meas formulae tor quartz. d TrfiJv-rr.Ue; Use M the vaJua calculated from the farinuba {or quarts. Amorphous, including natural <JUJ omaceoiis earth........-........ 2iO ratoj+a ' 20 ttmg/Ms* airborne concentrations of asbestos fibers in excess of 10 fibers, longer than 5 micrometers, per cubic centimeter of . air, as determined by the method pre %B10,+2 scribed in paragraph (e) of this section. <c> Methods of compliance--<1> En gineering methods. (i) Engineering con trols. Engineering controls, such as, but not limited to, isolation, enclosure, ex haust ventilation, and dust collection, SOmg/M* shall be used to meet the exposure limits prescribed in paragraph (b) of this %3tQ, section. to install the engineering controls and to institute the work practices required by paragraph (c) of this section; (ii) In work situations In which the methods prescribed in paragraph (c> of this section are either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below-the limits prescribed by paragraph (b) of this section: or (iii) In emergencies. BilleMr* O** than 1% cry*. Lilliuc silica): Mica........................................ Poapstcns................. Talc.................. Portland cement................ firaphit.' (natural)............ Coat dust (respirable /ruction 20 23 20 N )$ (11) focal exhaust ventilation, (a) Local exhaust ventilation and dust col lection systems shall be designed, con structed, installed, and maintained in accordance with the American National Standard Fundamentals Governing the (iv) Where both respirators and per sonnel rotation are allowed by subdivi sions (1), (11), or (111) of this subpara graph, and both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator is permitted by 1*3 than b% SiO,)...................................... For luore than 6% BIO*...................... 2.4rv-g/M or lten&'M* Design and Operation of Local Exhaust Systems. ANSI Z9.2-1971, which Is in subparagraph (1) of this paragraph, it shall be selected from among those ap Inert or Nufeancc Duel: Rvjiin*l*)e Iractiuu......... Total dust................. ^SJOj+2 18 to lfimgVM* Note: Oonrcrskm factors-- mppc/XiSJ- million particles pet cubic meter ^ particle* per e.c. i Millions of particles per cubic foot of sir, based cn buplngrr samples counted by light-field technics. * The percentage oi crystalline silica In the formula Is the amount determined from air-borne samples, escept In (hose Instances In which other methods nave brm shown to be applicable. As determined by the membrane Biter method at 42) X phase contrast magnification. RnCh concentration and percent Quarts for the af.pJicalfon of this limit are to be determined from the frnclion passing a size-salector with the following elkiractertstics: Avrn.lynm uic tti:imr>tT (.Ufiit density sphere) Percent passing lector 2 2.5 A5 5.0 30 90 TA 60 25 0 Tle nicaMirenaents under this note telex to tbe use of an A KO Instrument. If the respirable fraction of coal dust is determined with aMRE the figure corresponding to that of 2.4 Mg/M* In tbe table for coal dust la 4.8 Mg/M*. 2. A new S 1910.93a Is added to Part 1910, reading as follows: 1910.95a Asknim, (a) Definitions. Bor the purpose of this section, (1) "Asbestos" includes chrysotile. amosite, crocldolite, tremo11te, anthophyllite. and actinolite. (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. <b) Permissible exposure to airborne concentrations of asbestos fibers--(1) Standard effective Judy 7, 1972. The 8-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the method pre scribed in paragraph (e) of this section. corporated by reference herein. <b> See 8 1910.6 concerning the avail ability of ANSI Z9.2-1971, and the maintenance of a historic file in connec tion therewith. The address of the Amer ican National Standards Institute is given in 9 1910.100. (Hi) Particular tools. AU hand-op erated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph (b) of this section, such as, but not limited to, saws, scorers, ' abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems In accordance with subdivision (ii) of this subparagraph. (2) Work practices--(1) Wet methods. Insofar as practicable, asbestos shah be handled, mixed, applied, removed, cut. scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers in excess of the ex posure limits prescribed in paragraph (b) of this section, unless the usefulness of the product would be diminished thereby. Hi) Particular products and opera tions. No asbestos cement, mortar, coat ing, grout, plaster, or similar material containing asbestos shall be removedfrom bags, cartons, or other containers in which they are shipped, without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers in excess of the limits prescribed in paragraph (b) of this section. (ill) Spraying, demolition, or removal. Employees engaged in the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment covered or insulated with asbestos, and in the removal or demolition of asbestos in sulation or coverings shall be provided with respiratory equipment in accord ance with paragraph (d)(2) (ill) of this proved by the Bureau of Mines, Depart ment of the Interior, or the National In stitute for Occupational Safety and Health, Department of Health, Educa tion. and Welfare, under the provisions of 30 CFH Part 11 (37 F.R. 6244, Mar. 25. 1972), and shall be used in accordance with subdivisions (i), <ii>, (iii), and liv) of this subparagraph. (i) Air purifying respirators. A reusa ble or single use air purifying respirator, or a respirator described in subdivision (ii) or (iii) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the exposure I'mits prescribed in paragraph (b) of this section, when the ceiling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more than 10 times thosfe limits. (ii) Poleered air purifying respirators. A full facepiece powered atr purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (lit) of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed In' paragraph (b) of this section, when the ceiling or the 8-hour timeweighted average concentrations of asbestos fibers are reasonably expected to exceed 10 times, but not 100 times, those limits. (ill) Type "C" supplied-air respirators, continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand, supplied-air respirator shall be used to reduce the concentra tions of airborne asbestos fibers In the respirator below the exposure limits pre scribed in paragraph (b> of thts section, when the ceiling or the 8-hour timeweighted average airborne concentra tions of asbestos fibers are reasonably expected to exceed 100 times those limits. (2) Standard effective July t, 1976. section and with special clothing in ac (iv) Establishment of a respirator pro The 8-hour time-weighted average air cordance with paragraph (d)(3) of this gram. (a) The employer shall establish borne concentrations of asbestos fibers section. a respirator program In accordance with FEDERAL REGISTER, VOL 17, NO. tlO--WEDNESDAY, JUNE 7, >972 UCC 025585 ft23S ',3 11322 RULES AND REGULATIONS Institute for Occupational Safety and Health, and to authorized representa tives of either. (2) Employee access. Every employee and former employee shall have reason able access to any record required to be maintained by subparagraph (1) of this paragraph, which indicates the em ployee's own exposure to asbestos fibers. (3) Employer notification. Any em- ' ployee found to have been exposed at any time to airborne concentrations of asbes tos fibers in excess of the limits pre scribed In paragraph (b) of this section shall be notified in writing of the expo sure as soon as practicable but not later than 5 days of the finding. The employee shall also be timely notified of the cor rective action being taken. (j> Medical examinations--- (1) Gen era/. The employer shall provide or make available at his cost, medical examina tions relative to exposure to asbestos re quired by this paragraph. (2) Preplacement. The employer shall provide or make available to each of his employees, within 30 calendar days fol lowing his first employment in an occupation exixised to cirborne con centrations of asbestos fibers, a compre hensive medical examination, which shall include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at I second (FEW.). (3) Annual examinations. On or be fore January 31, 1973, and at least an nually thereafter, every employer shall provide, or make available, comprehen sive medical examinations to each of his employees engaged In occupations ex posed to airborne concentrations of as bestos fibers. Such annual examination shall include, os a minimum, a chest roentgenogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEW.o). (4) Termination of employment. The employer shall provide, or make avail able. within 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed-to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall Include, as a minimum, a chest roentgenogram (pos terior-anterior 14 x 17 inches), a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vita! capacity (FVC) and forced expiratory volume at 1 second (FEV,.). )5) Recent examinations. No medioai examination . i3 required of any em ployee, if adequate records show that the employee has been examined In ac cordance with this paragraph within the past 1-year period. <G> Medical records--(i) Mainte nance. Employers of employees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical examina tions. Records shall be retained by employers for at least 20 years. (ii) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, for Inspection and copying, to the Assistant Secretary of Labor for Occupational Safety and Health, the Director of NIOSH, to authorized physi cians and medical consultants of either of them, and, upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by this paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. 3. A new I 1910.19 is added to Subpart B of Part 1910, reading as follows: 1910.19 Asbeslos dust. Section 1910.93a shall apply to the ex posure of every employee to asbestos dust in every employment and place of employment covered by 1 1910.12. 5 1910.13, 5 1910.14, 1910.15. or 1 1810.18, in lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. Effective date. Paragraph (b) (2) of I 1910.93a shall become effective July 1, 1976. All other provisions of 5 1919.93a, 1910.93, and 1910.19 shall become effec tive July 7, 1972. The current emergency temporary standard remains in effect until July 7, 1972. (Seea. 6. 8. 84 Stat. 1593. 1598; 29 U.S.C. 65S. 657; 20 CFR 1010.4; Secretary of Labor's Order No. 12-71. 36 F.H. 87M) Signed at Washington, D.C., this 2d day of June 1972. G. C. Guenther, Assistant Secretary of Labor. (FR Doc.72-8574 Filed 6-8-72; 8:48 tm] UCC 025586